Legal Opinion

In Re Kimball Hill Homes Texas, Inc.

Texas Court of Appeals, 14th District (Houston)

Decided June 4, 1998No. 14-98-00043-CVPublishedCited by 57 opinions

1Opinion of the Court

OPINION

YATES, Justice.

This mandamus proceeding involves a suit for damages brought by several hundred homeowners in the Houston area against Kimball Hill Homes Texas, Inc. and Kimball Hill, Inc., (“Kimball Hill”) and Houston Lighting and Power (“HL & P”). Kimball Hill is the relator. It claims the trial court abused its discretion by not abating the case under the Residential Construction Liability Act (“the RCLA”).1 See Tex. PROP.Code Ann. § 27.004 (Vernon Supp.1998). We conditionally grant the writ.

On October 29, 1997, the homeowners, the real parties in interest, filed their first amended…

2Cases cited13 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Johnson v. Fourth Court of AppealsTexas Supreme Court · 1985
  3. Holloway v. Fifth Court of AppealsTexas Supreme Court · 1989
  4. Abor v. BlackTexas Supreme Court · 1985
  5. Hines v. HashTexas Supreme Court · 1993

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3Cited by57 opinions

  1. Hagedorn v. Tisdale, Texas Court of Appeals, 7th District (Amarillo)2002
  2. Head v. U.S. Inspect DFW, Inc.Court of Appeals of Texas · 2005
  3. Randy v. Squires Construction, Inc., Texas Court of Appeals, 5th District (Dallas)2006
  4. 3V, INC. v. JTS Enterprises, Inc., Texas Court of Appeals, 14th District (Houston)2001
  5. In Re Tyler Asphalt & Gravel Co., Inc., Texas Court of Appeals, 14th District (Houston)2003

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